Voss v. McGuire
Missouri Court of Appeals
Appeal from Polk Circuit Court, Hon. R. W. •Fyaw, J. Statement of case by the court. This suit was begun before a justice of the peace on an account for— 343 3-4 pounds of wool at 35 cents;......$120.30 7 sacks................................ 1.70 $122.00 $8.65 13.00 - 21.65 And credited by— ■ Goods............. Cash...............
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Appeal from Polk Circuit Court, Hon. R. W. •Fyaw, J. Statement of case by the court. This suit was begun before a justice of the peace on an account for— 343 3-4 pounds of wool at 35 cents;......$120.30 7 sacks................................ 1.70 $122.00 $8.65 13.00 - 21.65 And credited by— ■ Goods............. Cash............... Balance due.......................$100.35 Upon a trial in the circuit court, the plaintiff offered evidence tending to show that about May 1, 1882, he contracted and sold his wool to defendant by a sample shown him, at 35 cents per pound, and that on May 13 he…
1Opinion of the Court
Opinion by
Hall, J.
1. The defendant complains of the action of the trial court in giving plaintiff’s instruction numbered one.
That action of the court was erroneous. The contract of sale, whether it was such as the evidence of plaintiff tended to show, or such as the evidence of defendant tended to prove, contained an implied warranty. “In a sale by sample, the seller warrants the quality equal to sample.” Benjamin on Sales (4th Am. Ed.) Vol. II, p. 847, note 26 ; Graff v. Foster, 67 Mo. 517.
“A sale by description imports a warranty that the property sold is of that description.” Benjamin on…
2Cases cited3 opinions
- Branson v. TurnerSupreme Court of Missouri · 1883
- Whitaker v. McCormickMissouri Court of Appeals · 1878
- Carpenter v. MeyersSupreme Court of Missouri · 1862
3Cited by8 opinions
- Brown v. WeldonMissouri Court of Appeals · 1887
- Werner v. O'BrienMissouri Court of Appeals · 1890
- Emery v. G. H. Boehmer Shoe Co.Missouri Court of Appeals · 1912
- Calhoun v. PauleMissouri Court of Appeals · 1887
- Beck & Corbitt Iron Co. v. HolbeckMissouri Court of Appeals · 1904
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